GHANA SCHOOL OF LAW
(BOARD OF LEGAL EDUCATION)
ENTRANCE EXAMINATION TO THE PROFESSIONAL LAW COURSE
JULY 26, 2013
TIME: 2 HOURS
SECTION A
ANSWER ALL QUESTIONS IN THIS SECTION BY TICKING THE CORRECT ANSWER. INSERT THE SECTION INTO YOUR ANSWER BOOKLET
Q1 “The prophesies of what the courts will do in fact and nothing pretentious are what I mean by law.” Who made this statement?
(a) Karl Llewellyn
(b) Jerome Frank
(c) Oliver Wendel Holmes Jr.
(d) Oliver Cromwell
Q2 “Laws proper or properly so-called are commands; laws which are not commands are laws improper or improperly so-called.” whose idea of law does this statement represent?
(a) H.L.A. Hart.
(b) John Austin
(0) R. M. Dworkin
(d) Jeremy Bentham
Q3 “Religion is the opium of the people” is a statement attributed to:
(a) Pope John Paul II
(b) Pope Emeritus Benedict XVI
(c) Karl Marx
(d) Karl Llewellyn
Q4 The Latin term “Obiter dictum” means:
(a) The legal reason stated by a court as being the basis of this decision
(b) The legal reason which, although based on the facts as found by the court, did not from the basis of its decision
(c) The legal reason for the finding of material facts, direct or inferential
(d) The descriptive reasoning adopted by the court in reaching a conclusion
Q5 The ‘Golden rule’ of statutory interpretation allows on of the following things to be done:
(a) Departure from the plain meaning of the statute
(b) Insertion of appropriate words where there is a glaring omission in the statute
(c) Enjoins the court to construe the statute so as to suppress the mischief and advance the remedy
(d) Allows the court to construe a statute in such a way as to give it ‘business efficacy’
Q6. In tort law what is meant by ‘a person is on a frolic of his own’?
(a) He is acting on his employer’s instruction in his own time
(b) He is doing his own business in his employer’s time
(c) He is doing his employer’s business in his own time
(d) He is doing something wholly unconnected to his employer’s business
Q7. Which of the following statements is true of Hedley Byme v Heller & Partners Ltd. (1964)?
(a) The defendants were liable because reliance had been unreasonable
(b) There was no duty of care because the plaintiffs reliance had not been foreseeable
(c) There was a duty of care because the parties were in a contractual relationship
(d) There was a duty of care but no liability because of the disclaimer
Q8. What is the ‘neighbour principle’ in the law of torts?
(a) A practical examples of the biblical injunction of loving your neighbor as yourself
(b) Care should be taken to avoid injury to persons so closely affected by one’s action that injury to them is reasonably foreseeable
(c) Permission must be sought from a neighbor when one is undertaking projects that likely to affect a neighbour’s when one is undertaking projects that are likely to affect a neighbour’s rights
(d) Manufacturers of beer must make sure their beer reaches the consumer in a wholesome state.
Q9. “The defence of ‘Provocation’ in criminal law is available to an accused who claims one of the following
(a) That he was not deprived of the owner of self-control
(b) That an act of adultery was committed in his view by the deceased with his wife
(c) That his wife confessed having committed adultery
(d) That he acted in a manner in which no ordinary person would have acted.
Q10. Under the Criminal Offences Act. 1960 (Act 29), a person who appropriates a thing which appears to have been lost by another is not guilty of stealing it. Unless:
(a) At the time of appropriating it, he knows who the owner of the thing is
(b) At the time of appropriating it, he does no know by whom it has been lost
(c) At the time of appropriating it, the marks on it are such as not to indicate the owner
(d) At the time of appropriating it, it does not appear likely that the owner will recover it by reasonable search
Q11. The ‘M’ Naghten Rules’ are designed to determine one of the following
(a) The diminished responsibility of an accused person
(b) The men’s rea of an accused person
(c) The insanity of an accused person
(d) The defence of automatism
Q12 Where an injury intended for X, falls on Y by accident, the perpetrator is said to be responsible for Y’s injury. Which of the following criminal law doctrines explains this?
(a) Doctrine of reckless disregard for human life ‘
(b) Doctrine of implied malice
(c) Doctrine of actus non facit reum, nisi mens sit rea
(d) Doctrine of transferred malice.
Q13 For a defence of intoxication to succeed under the Criminal Offences Act, 1060 (Act 29) the accused should provide evidence of one of the following circumstances.
(a) By reason of the intoxication, he did not know the nature and consequence of his act
(b) His state of intoxication was caused by the malicious act of a third part without his consent
(c) By reason of tire intoxication, he suffered amnesia and cannot remember what happed
(d) By reason of the intoxication the court should consider him an unfit subject for punishment
Q14 What is meant by the doctrine of non-justiciable political question?
(a) It means when a matter is exclusively allocated to a branch of government to determine the other branches cannot determine that matter
(b) It means when the question before the court is a political question the court will decline jurisdiction
(c) It means when a decision on a political question will undermine the doctrine of separation of powers, the court will decline jurisdiction
(d) It means the constitution being essentially a political document; the court cannot avoid determining political questions.
Q15 In terms of case law, one of the following is not a ‘cause or matter affecting chieftaincy
a) Transmission of Chiefs Declaration Form to the National House of Chiefs.
b) The recovery or delivery of stool property in connection with abdication of a chief.
c) The constitutional relations under customary law between chiefs.
d) The nomination of any person as a chief.
Q16 Which of the following is not a general principle for constitutional interpretation?
a) The constitution must be given a benevolent, broad, liberal and purposive construction.
b) The constitution must be construed as a political document capable of growth.
c) The court must avoid importing into the constitution what does not appear therein.
d) The court may use public policy consideration as a tool for constitutional interpretation.
Q17 The English Judicature Acts 1873-1875 were of major importance for equity. Which of the following did the Acts do?
a) Fused the system of common law and equity.
b) Gave statutory effect to the rule that equity prevails over the common law.
c) Established one court system for both common law and equity.
d) Allowed any court to deal with both common law and equity.
Q18 It has been said, by Lord Denning among others that ‘Equity is not past the age of child bearing’. What does this mean?
a) Equity has jurisdiction to protect women and children.
b) Judge-made law must b based on existing precedent and principle.
c) Equity may recognize new rights.
d) Equity may achieve justice in each case.
Q19 The equitable maxim ‘’Equity follows the law” means that:
a) Equity must always abide by the legal rule.
b) Equity may set aside any common law rule.
c) Equity may intervene whenever justice demands it.
d) Equity will ensure as far as possible that its own rules are in line with the common law.
Q20 The basis of equitable jurisdiction, historically and presently is said to be captured in one of the following maxims. Which one is it?
a) Equity acts in personam.
b) Equity will not suffer a wrong to be without a remedy.
c) He who comes to equity must come with clean hands.
d) He who seeks equity.
Q21 Which of the following statements best explains the doctrine of “Commorientes”?
a) The older shall be presumed to have survived the younger.
b) The younger shall be presumed to have survived the older.
c) The persons deceased with be presumed to have died simultaneously.
d) There will be no presumption as to who died first in the circumstance.
Q22 Which of the following is not an essential requirement of ‘Samansiw’ as decided by judicial authorities?
a) The presentation of aseda to the testator’s family.
b) Oral declaration made by the testator in contemplation of death
c) The declaration must be made in front of credible witness.
d) The property disposed off must be testator’s self-acquired property.
Q23 The case of Fisher v Bell [1961] established the following point of law:
a) All adverts in a magazine will constitute an offer to sell.
b) A price tag on an item displayed in a shop window must be sold at the displayed price by the retailer.
c) An item in shop window displaying a price tag is generally held as an invitation to treat.
d) All adverts through the internet are considered offers and are not examples of an invitation to treat.
Q24 Kwesi’s employer fired him alter only three months in the job, in breach of a twelve-month employment contract. Kwesi is entitled to recover as damages:
a) His salary for twelve months.
b) His salary for nine months.
c) His salary for nine months, less what he could have earned in another job had he made reasonable efforts to find another job.
d) Nothing because employment contracts must provide for liquidated damages.
Q25 Which of the following actions is opened to the injured party when a contract is repudiated by the other party before the date of performance?
a) Mitigate his possible loss.
b) Continue to press for performance until the due date arrives.
c) Rely on an arbitration clause for arbitration.
d) Ask for exemplary damages.
Q26 ‘Consideration’ for contractual purpose must have one of these attributes:
a) Must be of adequate and sufficient value.
b) Must never be past.
c) Must move from the promise.
d) Must be given in every binding contract.
Q27 The first basic principle of customary land law is:
a) Land is owned by the stool/skin
b) There is no land without an owner.
c) Land is owned by the family/clan.
d) All land is vested in the state.
Q28 The rule against perpetuities was designed to:
a) Avoid any future interest in property being vested outside the perpetuity period.
b) Avoid any future possession of property outside the perpetuity period.
c) Avoid any future vesting of property in male descendants outside the perpetuity period
d) Avoid any future possession of property by female descendants outside the perpetuity period.
Q29 Which of the following people made this statement? T conceive that land belongs to a vest family of whom many are dead, a few are living and countless hosts are still unborn”.
a) Justice Nii Amaa Ollennu.
b) Nana Sir Ofori Atta.
c) John Mensah Sarbah.
d) Prof. Anselem Kludze.
Q30 Who designed the national flag of Ghana?
a) Philip Gbeho
b) Ephraim Amu.
c) Theodosia Okoh.
d) Theodora Okine.
SECTION B
ANSWER ONE QUESTION IN THIS SECTION
Q1
Kwabena works for Ultimate Ltd, as a driver. He drives his own van but wears a uniform supplied by Ultimate Ltd,, who pays his monthly salary. On Monday afternoon, he.is on his way to do his last delivery when he gets a call from his daughter Abena and agrees to collect her from school. As they leave the school and drive in the direction of the delivery destination, Kwabana’s van skids and hits Kwaku’s car.
Advise Kwaku.
Q2
In Pink sheet Poetry Farm Ltd. v Easy Cool Refrigeration Ltd, the plaintiffs asked the defendants to repair their broken down air conditioning system which they use to keep their hatchery at the right temperature for their broilers. The defendants were informed that the plaintiffs have no backup system and that they should finish the repairs within a week. The defendants delayed for one month in repairing the system during which time the plaintiffs lost 10,000 chicks which they could have sold for GHC50, 000. The plaintiffs also had a contract to supply 1,000 broilers to an overseas client worth US$20,000. The plaintiffs are suing the defendants for breach of a contract to recover the sums of GHC50, 000 and US$20,000 respectively.
Advise the plaintiffs as to the basic rule for recovery of recovery of damages which the court will ,use in determining whether or not the sums are recoverable.
Q3
Kofi Bugger was born in Accra in 1988 of a Ghanaian father and a British mother. He migrated to the United Kingdom in 2000. He applied for a Ghanaian passport in 2011 at the Ghana High Commission in London. He was told he has to pay £300 to register as a dual citizen. He was also told that the 1992 Constitution prohibits dual citizens from holding certain public office and that the Minister of Interior is mandated by an Act of Parliament to add to these officers of exclusion.
In the light of the decision of the Supreme court in Asare v Attonmey-General [2012] SCGLR 460, advice Bugger as to the constitutionality or otherwise of what he has been told by the High Commission.
